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<br />7. On the basis of evidence submitted by the applicant and received from <br />other state and federal agencies as a result of the Section 34-33-114(3) <br />compliance review required by the Colorado Surface Coal Mining <br />Reclamation Act, the Division finds that Somerset Mining Company does not <br />own or control any operations which are currently in violation of any <br />law, rule, or regulation of the United States, or any State law, rule, or <br />regulation, or any provision of the Surface Mining Control and <br />Reclamation Act or the Colorado Surface Coal Mining Reclamation Act <br />(2.07.6(2)(g)(i)). <br />3. Somerset Mining Company does not cc.ltrol and has not controlled mining <br />operations with a demonstrated pattern of willful violations of the Act <br />of such nature, duration, and with such resulting irreparable damage to <br />the environment as to indicate an intent not to comply with the <br />provisions of the Act (2.07.6(Z)(h)). <br />9. The Division finds that surface coal mining and reclamation operations to <br />be performed under this permit will not be inconsistent with other such <br />operations anticipated to be performed in areas adjacent to the permit <br />area (2.07.6<2)<i)). <br />10. The Division currently holds an approved bond in the form of a Letter of <br />Credit in the amount of 5575,000.00. Somerset Mining Company has <br />submitted a 596,000.GO Certificate of Deposit to bond the additional <br />disturbance for Sanborn Creek Mine, bringing the total bond amount to <br />5671,000.00 The bond is currently being reevaluated as a process of the <br />midterm review. <br />The above total bond amcunt reflects the Division's projection of <br />reclamation costs for maximum disturbance which will occur during the <br />proposed permit term. <br />11. The Division has made a negative determination for the presence of prime <br />farmland within the permit area. The decision was based on a letter from <br />the USDA Soil Conservation Service tha*_ demonstrates that no prime <br />farmland mapping units are found ~~+ithin the permit area (2.07.6(2)(k)). <br />12. The Division has made a negative determination for the existence of <br />ailU'Jlal 'Jalley f1Cpr'i wlthln the permii tired. This determinatlCn is <br />based on information provided by the applicant which demonstrates that <br />none of the land ~.aithin the permit area has been historically used as <br />cropland (Z.07.6(2)(k) and 2.06.3(3>(c)). <br />13. The Division hereby approves the post-mining land use of the operation. <br />It was determined that undeveloped land meets the requirements of <br />Rule 4.16 for the permit area.(2.07.6(Z>(1)). <br />14. Specific approvals have been granted or are proposed. These approvals <br />are addressed in the folloo-rng section, Section 6 (2.07.6(2)(m)). <br />15. The Division finds that the ac=ivities proposed by :he applicant '=+cu1d <br />nOt tiffect the CCntinUed exiStenCe Of anddngered Cr Lhreatened $pecles Cr <br />result in the destruction or adverse .modification of their critical <br />habitats (2.07.6(Z>(n)). <br />-10- <br />